Stewart v. Nation-Wide Check Corporation

BOBBITT, Chief Justice.

The question of law presented by defendant’s motion for a directed verdict under Rule 50(a), G.S. 1A-1, is whether plaintiff’s evidence was sufficient for submission to the jury. Kelly v. Harvester Co., 278 N.C. 153, 157, 179 S.E. 2d 396, 398 (1971).

“On a motion by a defendant for a directed verdict in a jury case, the court must consider all the evidence in the light most favorable to the plaintiff and may grant the motion only if, as a matter of law, the evidence is insufficient to justify a verdict for the plaintiff.” 5 Moore’s Federal Practice, § 41.13(4) at 1155…